Attorney for family of man shot dead by LAPD in South L.A. plans to file wrongful death lawsuit

Hundreds of people meet on Thursday, Aug. 14, 2014 at 65th Street and Broadway in South Los Angeles after a march to protest fatal police shooting of Ezell Ford. (Photo by Brian Day/Los Angeles News Group)

Ezell Ford's brother, center, lights a candle on Thursday, Aug. 14, 2014 at a memorial on 65th Street in South Los Angeles after a march down Broadway protesting Ford's fatal shooting by police. (Photo by Brian Day/Los Angeles News Group)

A lawyer said Thursday that he plans to file a wrongful death suit on behalf of the family of a black man who was fatally shot by two Los Angeles Police Department officers.

Police, in a preliminary account, said a man, whom family and the attorney identified as 25-year-old “mentally challenged” Ezell Ford was shot about 8:10 p.m. Monday in South Los Angeles after he grabbed an officer and attempted to remove a gun from his holster.

“I believe the contact with my client’s son unnecessarily led to an out-of-policy shooting, which is excessive force and forms the basis of a wrongful death claim ... pursuant to the basic civil rights statute,” said attorney Steven A. Lerman, who represented Rodney King.

On Thursday evening, hundreds turned out for a march along Broadway to demonstrate outrage over the shooting. Although tensions were high, with many expressing anger with police, the march remained peaceful.

The demonstrators, carrying signs — many with “Don’t shoot” written on them — and chanting “Justice for Ezell Ford. Justice for Michael Brown,” started at the scene of Monday’s shooting on 65th Street, just east of Broadway, and headed to LAPD’s 77th Street station and back, with LAPD blocking vehicles on Broadway.

Similar demonstrations were held throughout the country to protest police killings, including that of Brown, an unarmed teen police fatally shot in Ferguson, Mo., with #NMOS14, or National Moment of Silence 2014, being used on Twitter.

Two Newton Area Gang Enforcement officers were driving westbound on 65th Street near Broadway when they came upon the man identified as Ford as he was walking on a sidewalk. When the officers attempted to stop him for unknown reasons, he turned, grabbed one of the officers and a struggle ensued, according to police.

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After they fell to the ground and the man attempted to remove the officer’s handgun from its holster, the officer’s partner shot him “believing there was an imminent threat of danger” and then the officer on the ground “fired” his backup weapon, LAPD Cmdr. Andrew Smith has said.

A man who said he was Ezell Ford’s brother said his brother “didn’t deserve this.” He declined to comment further and wouldn’t give his name.

At the end of the march, demonstrators lit candles and observed a moment of silence to honor Ford.

Lerman, who plans to file the wrongful death suit in federal court in the coming week, called the confrontation deadly and violent.

“I can’t see why a taser couldn’t have been used or a bean bag gun, which the officers are equipped with,” he said. “I believe the officers knew this individual and knew he had mental problems. I believe that alone should have made them more aware of how to treat him properly so he doesn’t end up dead on a sidewalk right by his house.”

He said the medical record and witnesses in the neighborhood will attest that Ford was receiving medication for some mental issues.

Lerman said he’s hiring an investigative team made up of former law enforcement and FBI officials to probe the matter and to “offer proof in federal court.”

One man, Leroy Hill, told the Huffington Post that he witnessed the incident. He said the officers were beating Ford and he didn’t know why because “he didn’t do nothing.”

The incident is being investigated by the LAPD’s Force Investigation Division, with the inspector general and the district attorney monitoring the probe and ensuring it is complete and unbiased, said Tyler Izen, president of the Los Angeles Police Protective League.

“If a suspect’s behavior is likely to cause serious bodily injury or death, an officer can, by law and under LAPD policy, use deadly force,” Izen said in a statement. “In using deadly force, officers can fire their weapons only to stop deadly threats to keep themselves and the public safe, and can continue to fire until the threat has ended.”

LAPD is asking for any witnesses, including those who may have physical evidence such as video, to contact the department or the Office of the Inspector General. LAPD investigators have asked that the Los Angeles County Department of Coroner place an investigative hold on the pending autopsy report, according to a statement released Thursday night.